POLS 3135 Chapter Notes - Chapter 1: Minority Language, Empirical Relationship, Senate Of Canada
16 Sep 2016
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Reading focuses on politics of state especially by representatives in legislature. Politics can occur at two levels: constitution, establishing fundamental structure of state, ordinary law and decision making, ex: statutes, regulations and their application to particular cases. Constitutional conventions/ratifications part of political process: empirical relationship, politics creates constitution. According to hart: existence of legal system casually depends on political acceptance of rule of recognition. Federal state is one that brings together number of different political communities. State or provincial governments are specific to those communities. Confederation in canadian context: a new nation, new political nationality. Many provinces didn"t want to join because of the french english strife but did so against the threat of american invasion or american economic strangulation. Fathers of confederation had to bring together small sparsely populated communities: federalism the answer: provinces had ample measure of autonomy and self- government.
